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New Jersey Defense Attorney for Cyberstalking Charges in Domestic Violence Cases

Under New Jersey law, cyberstalking is a serious crime that carries serious penalties. But, if you have been charged with cyberstalking in connection with an alleged domestic violence incident, the consequences you are facing could be even more severe. You need to act quickly to protect yourself, and your first step should be to speak with an experienced New Jersey criminal lawyer as soon as possible.

In domestic violence cases, cyberstalking allegations can lead to the imposition of a restraining order before your criminal trial. This restraining order may prevent you from entering your own home, contacting the alleged victim and doing a variety of other things. If you violate the terms of your domestic violence restraining order, you can face additional charges—and additional penalties.

When Can You Be Charged with Domestic Violence Cyberstalking in New Jersey?

Cyberstalking is one of several crimes listed in New Jersey’s Prevention of Domestic Violence Act (PDVA). When crimes listed in the PDVA are committed against “protected persons,” they carry additional consequences as crimes of domestic violence.

“Protected persons” under the statute include current and former spouses, partners, boyfriends and girlfriends, parents of shared children, and certain other individuals. If you are convicted of cyberstalking a “protected person,” you can face up to a $10,000 fine and 18 months in jail—in addition to a domestic violence restraining order and the other life-altering consequences of a criminal conviction.

The crime of cyberstalking is defined in Section 2C:33-4.1 of the New Jersey Code of Criminal Justice. Section 2C:33-4.1 states that a person is guilty of cyberstalking if he or she sends one or more online communications (i.e., direct messages or social media posts) that either:

  • Threaten physical harm or damage to property;
  • Threaten the commission of a crime against a person or the person’s property; or,
  • Include lewd, indecent or obscene material with the intent to cause fear or emotional harm.

A key aspect of New Jersey’s cyberstalking statute is that it requires evidence that the defendant acted “with the purpose to harass.” This means that prosecutors must be able to prove your state of mind to secure a conviction. While this is something that prosecutors can do in many cases, challenging the state’s evidence of your state of mind may be an effective defense strategy that your New Jersey criminal lawyer can assert on your behalf.

There are many other potential defenses to domestic violence charges in New Jersey as well. To determine which defenses you can use to fight your cyberstalking charge, schedule a confidential consultation at Helmer, Conley & Kasselman, P.A.

Schedule a Confidential Consultation at Helmer, Conley & Kasselman, P.A.

If you are facing a domestic violence cyberstalking charge in New Jersey, we encourage you to contact us promptly to discuss your defense. To speak with an experienced New Jersey defense attorney in confidence as soon as possible, please call 877-435-6371 or tell us how we can reach you online today. 

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Helmer, Conley & Kasselman, P.A.

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